Before I begin, let me make it clear that I strongly support publicly owned infrastructure, including railroads, necessary to providing essential services. Removing a profit margin out of the equation of delivering essential services like electricity and health care and in this instance shipping and transportation can focus more resources on the service and less on the profit.
These last few days, Elise Hamner and I have been having a bit of a “debate” over what amounts to, I believe, nuance. As written, I have been attempting to obtain records pertaining to the Coos Bay Rail Link and the Port’s action to declare an emergency thereby bypassing competitive bidding rules for the repair work. Whether you agree that the needs of private company qualify as an emergency or not, we were told by the Port in April that Roseburg Forest Products positively needed the line by June 20 to take advantage of a business “opportunity”. Later we learned that the emergency which, if you can believe reports turns out to be shipping raw wood chips, was not so imminent after all and that whatever opportunity RFP is trying to take advantage of, can now wait until fall.
Hamner informs me that “Documents relating to negotiations with Roseburg Forest Products concerning market/sales strategies are exempt from disclosure under ORS 192.502 (17)”. Now, I don’t really believe I am asking for “market/sales strategies” at all, merely some evidence that the Port has properly vetted this ‘opportunity’. For example, before declaring a state of emergency did the Port confirm there is a serious and qualified buyer on one end and a supplier on the other. Whatever, if any, vetting went on it appears that confirming immediate need with the mystery buyer was not one of them.
Again, in April we are informed that “carloads will begin at 200 per month and eventually grow to 500 a month. The emergency work is to the North Spit. The Port will entertain an opportunity to transload on the other side of the bridge for shippers south of the bridge. Port staff is working with this potential customer to finalize commitments and schedules and is hoping to be open for service at the end of June or early July. Service will be determined by the number of weekly carloads. Initially, the line would serve about 40 carloads per week requiring two trains a week, until it grows to 500 carloads a month.”
Considering the gazillions of public dollars being spent via the Port based upon representations by RFP I requested to see any documents that convinced the staff there was, indeed, an emergency. Hamner has informed me that the public may not see this information as the Port is operating under a NDA (non disclosure agreement). The Port is making some very expensive decisions under a cloak of secrecy and has made some questionable moves in the past. Please read up on the highly touted Weyco Land Option here, here and here that was terminated without explanation. Also read up on the first $5 million of $60 million for channel deepening and widening.
This month we learn that “Roseburg Forest Products is working on a plan to bring either chips or logs from the Midwest to their North Spit site that would be chipped there. If they are able to put this together, it would result in two additional ships per month or approximately 1,000 rail car loads”. It would be nice to learn how many rail cars per month are needed to show a positive return on the taxpayer investment.
According to ORS 192.502 (17) cited by Hamner records are exempted from public scrutiny with “applicants for investment funds, loans or services including, but not limited to, those described in ORS 285A.224 (Business Retention Fund):
a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to which the applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the applicant shows that such litigation is reasonably likely to occur; this exemption does not apply to litigation which has been concluded, and nothing in this paragraph shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant’s plan to address specific markets and applicant’s strategy regarding specific competitors.
Now, I haven’t asked for any of this but Hamner informs me that the above “…is the information that the port considered and that is exempt from disclosure under ORS 192.502 (17)”. Again, I believe Hamner and I are arguing nuance so I have requested a copy of the NDA and a copy of RFP’s application for services described in the statute and have allowed that the Port may redact the “applicant’s plan to address specific markets and applicant’s strategy regarding specific competitors”.
A lot of public money has been put aside in addition to the $16.6 million purchase price to allow the Port of Coos Bay to own and repair the Coos Bay Rail Link
ConnectOregon III program (State of Oregon): • $7,999,736
• Available for bridges, tunnels, tracks, other rail work
–
TIGER II program (US DOT): • $14,527,133 (includes $1,000,000 Port match)
• Available for track only
–
SAFETEA-LU program (US DOT): • $2,791,686 (includes Port match), for track only
Citizens have every reason and even more, a responsibility to question decisions made involving public resources. The Port, which regards itself as an economic development agency continues to act under cover of darkness, using little code names, Project April, Project Phoenix and Project TK, to name a few, all under the auspices of protecting the “applicant”. Project TK, the Tokuyama Corp was exposed by The Oregonian, (naturally, not reported by The World), to be a polysilicon manufacturing plant that uses a highly toxic and contaminating process. The public need to be informed about these economic development schemes.
Lastly, SCDC simply will not respond to repeated requests from multiple people to provide its financial information. As a non-profit organization receiving public funds it must, by law, provide this information. One can only ask, what is SCDC hiding?
So SCDC is not reporting its’ financial info? Refusing to do so? I’m thinking perhaps someone knows where this info would be posted publicly? If anyone does, perhaps they could post it here.
It IS OUR money after all which keeps Mrs. Messerle and Mr. Messerle in the manner they’ve become accustomed to.
Are these people aware of the Freedom of Information Act? Maybe since the Governor of this state is the person responsible for naming the Board of this runaway train issue is “appointed” as opposed to the 70’s & 80’s when we had locally elected Commissioners that 1. Governor Kitzhaber needs to be enlisted, Congressman DeFazio’s staff might be contacted to obtain information that the public SHOULD be aware of or last but not least we need to find if we an “revert” or whatever the legal term is back to being a locally run/locally elected Port that is responsible an most importantly RESPONSIVE to the citizens affected by the actions of this PORT. Get over it folks. Fess up! Spill the Beans you idiots!
Lets us not forget that the secrets they are hiding is really a diversion from what is actually being kept from view. The North Spit and any deleopment upon it, is in the direct path a an earthquake (and according to the State, it could be a big one) the resulting Tusnami, the back wash from that Tsunami, and the fires that could result. This LNG terminal is a collossal bomb! What Mary is calling out is classic government petty corruption and incompetence but these same fools/crooks are also promoting risking your LIFE with an LNG terminal in the path of an Earthquake. Did you see any photos of what happened in Japan? Where is our State Government to protect us? Where is our State Government to police these obvious numerous conflicts of interest and insider trading? The bully for Roseburg Forest Products is married to some one who works for the PORT?? This not even an outrage anymore; it is standard operating procedure at the Port because RFP controls elected Democrats. Does the name Steve Marks ring any bells? The AG is clearly too busy and Defazio is “vital and indispensable” in delivering Federal money to the Port railroad according to Martin Callery in statements to Realtors at 7 Feathers Casino, April 14, 2011. If Congressman DeFazio is being tricked by the Port too he should then be willing to call for the US Attorney in Eugene to conduct an investigation of the activities of this port and to ask FERC to do further studies includeing Modeling the possible effects of an Earthquake and Tsunami at OSU. In light of an EIS to be relased in March of 2012 to allow Post-Panamax vessels to enter Coos Bay and the eventuality of the EXPORT of LNG from Coos Bay and FERC application from square one is appropriare, particularly in the light of the way this port conducts its affairs. Elected officials of both parties and at all levels in every government ought to be ashamed of themselves for turning a blind eye to these abuses and the risks they create.
So true, being ‘railroaded’
Incest in its’ worst form, using Other Peoples’ Money all along. They must feel so smug about what they do. Keeping us “Cave People” as I’ve heard the rest of us called, especially those who have the audacity to question their Bsheet. We have to stay on this, we cannot let this continue, they must be forced to release their documents which hinged on that huge big “secret” business entity.
Amazing, aghast!… was just having that conversation with some earlier today
Aghast – Perhaps the dinner napkin is not easily redacted. Then again, maybe they are using the Palin way of disseminating information… “What is discussed on the fishing boat stays on the fishing boat…” (In this case it would be the railroad.)
As you said in an earlier post – “It is called faith based governance.” In any regard, one does have to wonder if we are being railroaded here…?
The due diligence probably occurred during dinner between Kathy Wall of the port and her husband Mark Wall of RFP. Chances are little or nothing exists on paper
Well FINALLY !
Why has it taken this damn long for the public to get answers to very very legitimate questions? Has Hamner and the others really think it’s cute or helpful in any way to play these BS games with the public who pays her damn paycheck?
ELISE !!!! YOU work for US, did you forget that?
This Port Board refuses to answer to you the public in their ‘public’ meetings, then when a citizen such as M takes her own time to ferret some kind of explanation or accounting from them they play games, charge fees, or simply ignore them?
Games up boys-and girls, now you answer to the folks paying for your folly.
Anything these guys do in the dark, they do for a very good reason, we want to know what that is, we have every legal right to ask the questions, they should feel a moral obligation to answer. But they don’t, so they will have to be pulled from them like logs from the water. So be it.
Those of us asking the questions are being called a cult on another blog. Go figure.